Barrett

Barrett v. Farmers Insurance Group

Good Law
174 Cal. App. 3d 747·220 Cal. Rptr. 135
Court of Appeal of CaliforniaOctober 28, 1985B009443California1,795 words

Opinion

Opinion

Compton, J.

The sole issue on this appeal is whether several uninsured motorist coverages issued by the same insurance company to the same insured may be “stacked” or pyramided so that the benefits under the policies are payable in an amount exceeding the limits of any one of the separate uninsured motorist coverages.

The essential facts are not in dispute. In March 1981, plaintiffs Paul Barrett and Sara Gentry sustained serious injuries when their motorcycle collided with an automobile driven by one La Preal Bauer. Each plaintiff subsequently recovered $25,000, the maximum coverage available under the liability policy insuring Bauer’s vehicle.

At the time of the accident, Barrett, the driver of the motorcycle, was a resident of his parents’ household. In January 1981, Barrett’s stepfather, John Jansen, had purchased three automobile policies from defendant Farmers Insurance Exchange (Farmers), separately insuring the motorcycle and two other family owned vehicles. The policies contained uninsured motorist provisions with coverage limits of $15,000 per person and $30,000 per accident. These sums were in compliance with the requirements of this state’s financial responsibility law.…

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